Refugees

​While progress has been made in implementing the Supreme Court’s stay of lower court injunctions of President Trump’s revised refugee executive order (EO), the State Department’s current stance on refugee admissions requires further review.

The U.S. Court of Appeals of the Ninth Circuit has affirmed in part a preliminary injunction against the Trump administration's revised travel ban issued by a federal district court in Hawaii v. Trump. The circuit court vacated the portions of the injunction that prevent the government from conducting internal reviews and that run against the President personally, but otherwise upheld the district court's ruling. The opinion is available in full below.

The Fourth Circuit's curious citation of Ex parte Milligan in the travel ban case is a reflection of a kind of judicial supremacy and constitutional universalism that is very attractive today among left-leaning lawyers, judges, and legal academics—but that's not what Milligan says.

The U.S. Court of Appeals for the Fourth Circuit has affirmed in part a district court's nationwide preliminary injunction issued against the Trump administration's revised travel ban in International Refugee Assistance Project v. Trump. The decision is included in full below.